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1. Defendant B’s KRW 23,827,433 as well as 5% per annum from July 19, 2012 to February 13, 2014, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On May 9, 2009, with respect to the civil engineering works and the water tank site creation works on the land of Pyeongtaek-si E-si, 1,793 square meters of forest, 4,601 square meters of F forest, G 3,306 square meters of forest, G 3,306 square meters of forest, and 586 square meters of H prior to H (hereinafter collectively referred to as the “instant four land”), Defendant D drafted a contract agreement with Nonparty I, J, 450 million won of construction work, from May 15, 2009 to October 30, 209 (hereinafter referred to as the “instant contract agreement”).
B. In addition, on July 5, 2009, the above A.
With respect to the civil works among the works described in paragraph (1) (hereinafter referred to as the “instant construction works”), a subcontract agreement which is executed between June 22, 2009 and August 22, 2009 (Evidence A 3-1, hereinafter referred to as the “instant subcontract agreement”) with the contractor I, the contractor, the work price of KRW 320 million, and the construction period of KRW 320 million was completed.
C. On August 2009, the J, expressed as one of the co-contractors of the instant contract, was bound by the court. On October 14, 2009, approximately two months later, the J and the Defendants drafted a letter of agreement to cancel the instant contract under the name of J and the Defendants (Evidence B). At the time, J did not actually perform the construction work under the instant contract.
(No. 2) The issue of the settlement, etc. of construction cost between J and the Defendants is not discussed even in the above evidence No. 2).
On the other hand, around August 201, I and the Plaintiff concluded a contract on the assignment of claims (Evidence A 7-1) that contains the content that I transferred KRW 104,628,636, among the claim for construction cost that I had against the Defendants, and that the right to represent the assignment of claims should be granted to the Plaintiff.
E. Accordingly, the Plaintiff sent the notice of assignment of claims under the name of I to the Defendants, and sent to Defendant B and D on April 30, 2012, and the Plaintiff did not reach Defendant C on February 6, 2013.
[Ground of recognition] There is no dispute.